Naveen Kumar v. William Barr ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 6 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
NAVEEN KUMAR, No. 17-72768
Petitioner, Agency No. A208-193-672
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 4, 2020**
Portland, Oregon
Before: SCHROEDER, WATFORD, and HURWITZ, Circuit Judges.
Naveen Kumar petitions for review of a Board of Immigration Appeals
(BIA) order dismissing his appeal from the decision of an immigration judge (IJ)
denying his application for asylum, withholding of removal, and protection under
the Convention Against Torture (CAT). We deny the petition.
1. The BIA affirmed the denial of Kumar’s asylum and withholding of
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Page 2 of 3
removal claims based on the IJ’s adverse credibility finding. Substantial evidence
supports the BIA’s determination.
Kumar provided inconsistent testimony about the identity of the individuals
who attacked him. In his credible fear interview and written declaration, Kumar
stated that members of the Badal Party assaulted him on two occasions. He then
submitted a supplemental statement, along with six affidavits from acquaintances
in India, alleging that members of the BJP Party had attacked him as well. Yet on
direct examination at the merits hearing, Kumar discussed only the Badal Party
when describing the attacks. When confronted about this inconsistency, Kumar
noted that the two parties work closely together. The IJ and BIA were not required
to accept this explanation, however, as the record supported an alternative view of
the evidence—namely, that Kumar had altered his testimony to conform to the
allegations in the affidavits.
Kumar also offered inconsistent testimony regarding the Badal Party’s
attempts to find him. At the merits hearing, Kumar testified that members of the
Badal Party searched for him multiple times when he was living in India. But his
written declaration contains no mention of these incidents. Instead, his declaration
indicates that the Badal Party began looking for him after he left the country. His
sole explanation for this inconsistency was that he had “made a mistake.” It was
not unreasonable for the IJ and BIA to reject this explanation as implausible. See
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Silva-Pereira v. Lynch, 827 F.3d 1176, 1186 (9th Cir. 2016).
Contrary to Kumar’s assertions, these inconsistencies in his testimony were
not trivial, and the IJ and BIA were entitled to rely on them regardless of whether
they went “to the heart” of his claims for relief. See Shrestha v. Holder, 590 F.3d
1034, 1043 (9th Cir. 2010) (internal quotation marks omitted). Because these
inconsistencies are sufficient to support the adverse credibility finding, we do not
address the BIA’s additional reasons for affirming the IJ’s determination.
2. Substantial evidence also supports the BIA’s conclusion that Kumar is
not eligible for CAT protection. Kumar’s claim for relief is based on the same
testimony that the BIA deemed not to be credible, and his country conditions
evidence does not independently establish his eligibility for CAT relief. See id. at
1049.
PETITION FOR REVIEW DENIED.